PER CURIAM.
The Petition for Writ of Certiorari is denied without prejudice to the Petitioner’s right to refile a motion to dismiss. See Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (rejecting as premature a claim that charges should be dismissed “because five years have not elapsed since Petitioner was found incompetent”). PETITION DENIED.
PALMER, LAWSON and EVANDER, JJ., concur.